소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 4 and Eul evidence 1 to 7 (including any other number).
[1] On December 18, 2004, the Defendant completed the registration of transfer of ownership with respect to C & 1,984 square meters (hereinafter “instant land”) in Yangju-si.
On August 14, 2014, the Defendant completed the registration of the establishment of the right to collateral security amounting to KRW 676,000,000 with respect to the instant land, and the secured obligation was actually KRW 520,000,000 with respect to the secured obligation.
(2) On June 25, 2015, the Defendant filed an application for voluntary auction of the instant land with the District Court as the Defendant was unable to fully repay the instant collateral obligation. On June 25, 2015, the procedure for voluntary auction of the instant land was conducted upon the order to commence a district court’s decision.
[2] On August 24, 2015, the Plaintiff entered into a contract with the Defendant to purchase the instant land at KRW 640,000,000 for the purchase price.
(2) The Plaintiff agreed to pay KRW 60,000,000 out of the intermediate payment and KRW 20,000 out of the intermediate payment on the date of the contract. The instant contract entered into an agreement to pay the remainder of KRW 40,000,000 on October 30, 2015.
In addition, in the instant sales contract, the Plaintiff paid 60,000,000 won for overdue interest on the instant collateral security obligation to the Oral Agricultural Cooperative, and the Oral Agricultural Cooperative decided to withdraw the application for voluntary auction on the instant land.
[3] When concluding the instant sales contract, the Plaintiff and the Defendant prepared a so-called business contract with the purchase price of the instant land as KRW 800,000,000 for the purpose of submitting it to the bank to acquire the instant collateral security obligation.
The instant sales contract was concluded earlier.